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We granted this appeal to consider whether the courts below correctly held that Missouri v. Seibert, 542 U.S. 600 (2004), does not bar the introduction into evidence of the defendant's Mirandized2 videotaped confession which occurred after the defendant made an incriminating admission during a prior unwarned custodial interrogation. This Court has not previously interpreted and applied
Seibert. After carefully considering the plurality opinion, the concurring opinions, and the dissenting opinions in Seibert, we conclude that the courts below correctly held that Seibert does not bar admission of the defendant's videotaped confession. We further hold that this Court's decision in State v. Smith, 834 S.W.2d 915 (Tenn. 1992), interpreting the right against self-incrimination provided by article I, section 9 of the Tennessee Constitution, does not bar admission of the defendant's videotaped confession. Accordingly, we affirm the judgment of the Court of Criminal Appeals, which affirmed the defendant's conviction of second degree murder but remanded for resentencing.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. While at work for the Employer, the Employee's hair was caught in machinery, which violently pulled her head into the machine. Her scalp was pulled away from her skull. She received treatment at an emergency room. In the months that followed, she had three surgical procedures to repair the wound and her scalp. She was diagnosed with post traumatic stress syndrome, developed sleep problems, anxiety and headaches. She became fearful and anxious around machinery and was ultimately discharged by her
Employer. Her physicians and vocational experts and the Employer's vocational expert agreed that when a Social Security questionnaire was considered, she was 100% disabled. Nevertheless, the Employer contends that she is not 100% disabled. We affirm the judgment of the trial court.

Relatives of William Paul Ackerman ("Ward") - a brother, sister, and son - sought appointment as co-conservators of his person and property. Cathy Drake-Ackerman ("Wife") has appealed, questioning whether the probate court had jurisdiction over Ward. We hold that the evidence does not preponderate against the probate court's findings. Accordingly, we affirm.

Andrew D. McClanahan and Kevin C. Klein, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: SUSANO

Walter Cuozzo ("the defendant") was found guilty of traffic violations in general sessions court. He appealed to circuit court but failed to comply with a local rule that provides "an appellant [on an appeal from general sessions court] has forty five (45) days to secure a trial date from the court."
Because of this failure, the circuit court dismissed the defendant's appeal. We affirm.

The mortgagees filed suit, charging the mortgagor with breach of contract for failure to comply with terms of a note, deed of trust, and automatic payment service plan pursuant to which the mortgagor agreed to automatically debit the mortgagors' bank account for monthly payments. The jury found the mortgagor guilty of breach of contract and awarded damages in the amount of $250,000. The
trial court remitted this damage award to $150,000. On appeal, the mortgagor argues that the trial court erred by failing to grant the mortgagors' motions for directed verdict and for judgment notwithstanding the verdict on the ground that the mortgagees were guilty of the first uncured
material breach of contract, by excluding evidence as a discovery sanction and by awarding the mortgagees $150,000. The mortgagees contend that the mortgagor waived all issues by not including them in its motion for new trial. After careful review, we hold that 1) the mortgagor did not waive its issues for purposes of appeal because the issues were included in the memorandum of law it
incorporated in the motion for new trial; 2) the trial court did not abuse its discretion in excluding certain evidence as a discovery sanction upon our finding that the mortgagor failed to explain why the excluded evidence was not timely provided to the mortgagees or to establish its importance at
trial; 3) the trial court did not err in failing to grant the mortgagor's motions for directed verdict and judgment notwithstanding the verdict upon our finding that the mortgagor was guilty of the first uncured material breach of contract by failing to timely institute its automatic payment service plan; and 4) in compliance with the mortgagor's request, this case is remanded for a new trial solely on
the issue of damages upon our finding that the trial court's award of damages in the amount of $150,000 is not supported by the evidence.

Tennessee Department of Children Services filed a petition in the Juvenile Court for Franklin County in March 2007 to terminate parental rights. The mother surrendered her parental rights in April 2007, but no adjudication as to the father was made because his whereabouts were unknown. Father was subsequently located and following a trial, the court terminated Father's parental rights based on his incarceration under a ten year sentence imposed when the child was under eight years old, and finding that termination was in the best interest of the child. Finding no error in the ruling of the juvenile court, we affirm.

Two attorneys in the Metro Public Defender's office have asked to be considered for the interim public defender post, which was left vacant by the tragic death of Ross Alderman, the Nashville City Paper reports. They are: Deputy Public Defender Laura Dykes, who is serving as the interim director, and public defender attorney Dawn Deaner. Other candidates are rumored to be considering the post, including Metro Human Relations Executive Director Kelvin Jones.

Five new state trial court judges to be sworn into office

Five incoming Tennessee trial court judges, who were elected Aug. 7, will take office on Sept. 1. The swearing-in ceremonies will take place this week.

-- David Bragg will be sworn in as Circuit Court judge for the 16th Judicial District at 1 p.m. Thursday on the second floor of the Rutherford County Courthouse in Murfreesboro.

-- Tony Childress will be sworn in as chancellor for the 29th Judicial District at 4:45 p.m. Thursday in the Dyer County Courthouse.

-- Bob McGee will be sworn in as Criminal Court
judge for the 6th Judicial District at 9 a.m. on Friday in the main
assembly room of the City-County Building, 400 Main Ave., Knoxville.

-- Mike Sharp will be sworn in as Circuit Court judge for the 10th Judicial District at 1:30 p.m. Friday at the Bradley County Courthouse in Cleveland.

-- David Duggan will be sworn in as Circuit Court Judge for the 5th Judicial District at 9 a.m. Tuesday in the county commission room at the Blount County Courthouse.

Jury selection begins for Chattanooga's first federal death penalty case

Chattanooga's first federal death penalty case is underway with jury selection beginning yesterday. If the jury finds the defendant, Rejon Taylor, guilty in the 2003 murder of an Atlanta restaurant owner, it will be up to the panel to then consider whether he should receive the death penalty. The trial is expected to last six weeks.

U.S. Army Staff Sgt. Hal M. Warner of Ft. Campbell, accused of the premeditated murder of an Iraqi detainee, says he did not kill the man and will fight the charges, according to his Clarksville attorney. The soldier's hearing has been reset to give attorney's time to travel to Iraq for numerous Iraqi witness statements.

The Davidson County Election Commission voted 3-2 this afternoon not to put the English-only charter amendment on the Nov. 4 ballot. Councilman Eric Crafton, one of the driving forces behind the ballot initiative, said a lawsuit is likely in the near future.

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